Singapore

The Judiciary

Singapore's judicial power is vested in the Supreme
Court,
consisting of a chief justice and an unspecified number of
other
judges. All are appointed by the president, acting on the
advice of
the prime minister. The judiciary functions as the chief
guardian
of the Constitution through its judicial review of the
constitutionality of laws. The Supreme Court of Judicature
Act of
1969, and various subsequent acts ensured judicial
independence and
integrity by providing for the inviolability of judges in
the
exercise of their duties and for safeguards on their
tenure.

The Constitution establishes two levels of courts--the
Supreme
Court and the subordinate courts. The subordinate courts
are the
magistrates' courts, trying civil and criminal offenses
with
maximum penalties of three years' imprisonment or a fine
of
S$10,000 (for value of the
Singapore dollar--see Glossary); the
district courts, trying cases with maximum penalties of
ten years'
imprisonment or a fine of S$50,000; the juvenile courts,
for
offenders below the age of sixteen; the coroners' courts;
and the
small claims courts, which hear civil and commercial
claims for
sums of less than S$2,000. The Supreme Court consisted of
the High
Court, which has unlimited original jurisdiction in all
civil and
criminal cases and which tries all cases involving capital
punishment; the Court of Appeal, which hears appeals from
any
judgment of the High Court in civil matters; and the Court
of
Criminal Appeal, which hears appeals from decisions of the
High
Court in criminal cases. The final appellate court is the
Judicial
Committee of Her Majesty's Privy Council in London.
According to
Article 100 of the Constitution, the president may make
arrangements for appeals from the Supreme Court to be
heard by the
Judicial Committee of the Privy Council. In May 1989,
Parliament
abolished the right to appeal to the Privy Council except
for
criminal cases involving the death sentence and civil
cases in
which the parties had agreed in writing to such an appeal
at the
outset. The judicial system reflected British legal
practice and
traditions, except for trial by jury. Singapore abolished
jury
trials except for capital offenses in 1959; all jury
trials were
abolished by the 1969 amendment of the code of criminal
procedure.

The chief justice and other judges of the Supreme Court
are
appointed by the president on the advice of the prime
minister. The
prime minister, however, is required to consult the chief
justice
on his recommendations for the Supreme Court. Judges of
the
subordinate courts are appointed by the president on the
advice of
the chief justice. Singapore's judges and superior courts
repeatedly demonstrated their independence from the
government by
ruling against the government in cases involving political
opponents or civil liberties. The government response in
such cases
was to amend the law or to pass new laws, but it did not
attempt to
remove or to intimidate judges. Although internal
political
struggle in Singapore from the 1950s through the 1980s was
often
intense, and the ruling government was quite willing to
intimidate
and imprison its political opponents, it always followed
legal
forms and procedures.

The attorney general is appointed by the president, on
the
advice of the prime minister, from persons qualified to
become
judges of the Supreme Court. A judge may be removed from
office
only for misbehavior or incapacitation, which must be
certified by
an independent tribunal. The attorney general, who is
assisted by
the solicitor general, is the principal legal advisor to
the
government, serves as the public prosecutor, and is
responsible for
drafting all legislation. The office of the attorney
general, the
Attorney General's Chambers, is divided into the
legislation,
civil, and criminal divisions.